Liggett v. Colvin(MAG+)

Filing
35

ORDER directing as follows: (1) the 30 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) the decision of the Commissioner of Social Security is AFFIRMED. Signed by Chief Judge William Keith Watkins on 8/12/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES LIGGETT, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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CASE NO. 2:12-CV-295-WKW
ORDER
On July 16, 2013, the Magistrate Judge filed a Report and Recommendation
(Doc. # 30) regarding Plaintiff’s action brought pursuant to 42 U.S.C. § 405(g) and
§ 1383(c)(3). Plaintiff timely objected. (Doc. # 33.) The court reviews de novo the
portion of the Recommendation to which the objection applies. 28 U.S.C. §
636(b)(1).
Plaintiff’s objection, while not a model of clarity, essentially restates his
arguments before the Magistrate Judge, namely that clerical errors and omissions
prevented Plaintiff from receiving a fair hearing. Plaintiff’s objections are without
merit, for reasons ably articulated by the Magistrate Judge. To the extent Plaintiff has
identified errors in his record, they are harmless and immaterial. They do not warrant
reversing the decision of the Magistrate Judge or the Administrative Law Judge or
remanding the case to the Commissioner of Social Security on the basis of new
evidence.
Accordingly, after de novo review of the Recommendation of the Magistrate
Judge, it is ORDERED as follows:
1.
The Recommendation of the Magistrate Judge (Doc. # 30) is
ADOPTED;
2.
The decision of the Commissioner of Social Security is AFFIRMED.
An appropriate judgment will follow.
DONE this 12th day of August, 2013.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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